Assembly Bill A44

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   44

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. SIMANOWITZ, MILLER -- read once and referred to
  the Committee on Governmental Operations

AN ACT to amend the executive law, in relation  to  fair  treatment  for
  crime  victims  and  in  relation  to interim probation supervision of
  offenders who are  subject  to  mandatory  indeterminate  sentence  of
  imprisonment

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new section  642-b
to read as follows:
  S  642-B. FAIR TREATMENT OF VICTIMS IN CASES WHERE THE DISTRICT ATTOR-
NEY IS CONSIDERING WAIVER OF MANDATORY SENTENCE. 1. IN  THE  CASE  OF  A
VICTIM  OF  A  FELONY, IF THE INDICTMENT BASED UPON THAT CRIMINAL TRANS-
ACTION CHARGES AN OFFENSE FOR WHICH AN INDETERMINATE SENTENCE OF  IMPRI-
SONMENT MUST BE IMPOSED OR IF THE DEFENDANT IS A PERSON WHO BY REASON OF
A  PRIOR FELONY CONVICTION WOULD BE SUBJECT TO AN INDETERMINATE SENTENCE
OF IMPRISONMENT UPON CONVICTION OF THE OFFENSE CHARGED  IN  THE  INDICT-
MENT, THE RULES PROMULGATED BY THE COMMISSIONER OF THE DIVISION OF CRIM-
INAL JUSTICE SERVICES SHALL PROVIDE THAT THE DISTRICT ATTORNEY MUST GIVE
THE  VICTIM  NOTICE  AND A STATEMENT OF REASONS IN WRITING NOT LESS THAN
TEN DAYS PRIOR TO TAKING ANY OF THE FOLLOWING ACTIONS:
  (A) CONSENTING TO A PLEA OF GUILTY THAT DOES NOT INCLUDE  AT  LEAST  A
PLEA  OF GUILTY TO AN OFFENSE THAT REQUIRES AN INDETERMINATE SENTENCE OF
IMPRISONMENT;
  (B) MOVING FOR OR CONSENTING TO DISMISSAL OF THE INDICTMENT OR OF  ANY
COUNT  THEREIN  THAT CHARGES A CRIME FOR WHICH AN INDETERMINATE SENTENCE
OF IMPRISONMENT MUST BE IMPOSED; OR
  (C) MOVING FOR OR CONSENTING TO AN ADJOURNMENT OF SENTENCING TO A DATE
LATER THAN NINETY DAYS FROM THE DATE THE PLEA OR VERDICT WAS ENTERED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00196-01-5
              

A. 44                               2

  2. ANY SUCH NOTICE SHALL ADVISE THE VICTIM OF THE TIME AND PLACE  WHEN
THE  MOTION  IS  TO  BE  MADE  OR  THE CONSENT IS TO BE GIVEN AND OF THE
VICTIM'S RIGHT TO BE PRESENT AND TO SUBMIT A WRITTEN  STATEMENT  TO  THE
COURT  IN  OPPOSITION  TO THE COURT'S APPROVAL OF THE DISMISSAL, PLEA OR
ADJOURNMENT.
  3. THE RULES PROMULGATED BY THE COMMISSIONER OF THE DIVISION OF CRIMI-
NAL  JUSTICE SERVICES SHALL REQUIRE THAT A COPY OF THE NOTICE AND STATE-
MENT OF REASONS BE FILED WITH THE DIVISION OF CRIMINAL JUSTICE  SERVICES
ALONG  WITH  A SUMMARY OF THE FINAL DISPOSITION OF EACH COUNT CHARGED IN
AN INDICTMENT AGAINST THE DEFENDANT AS A RESULT OF THE  CRIMINAL  TRANS-
ACTION  INVOLVING THAT VICTIM. AN ANALYSIS OF THIS MATERIAL SHALL BE SET
FORTH BY THE DIVISION IN ITS ANNUAL  REPORT  TO  THE  GOVERNOR  AND  THE
LEGISLATURE  AND THE DOCUMENTS AS FILED WITH THE DIVISION SHALL BE MAIN-
TAINED FOR A PERIOD OF THREE YEARS IN A  SPECIAL  FILE  WHICH  SHALL  BE
AVAILABLE FOR PUBLIC INSPECTION.
  4. THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
NOT  ALLOCATE  ANY FUNDS TO OR FOR THE USE OF A DISTRICT ATTORNEY UNLESS
THE  COMMISSIONER  IS  SATISFIED,  AFTER  SPECIFIC  INQUIRY,  THAT  SUCH
DISTRICT  ATTORNEY  IS  IN SUBSTANTIAL COMPLIANCE WITH THE PROVISIONS OF
THIS SECTION.
  S 2. Section 243 of the executive law  is  amended  by  adding  a  new
subdivision 5 to read as follows:
  5.  THE  RULES  ADOPTED BY THE DIRECTOR PURSUANT TO THIS SECTION SHALL
PROVIDE THAT PROBATION OFFICERS AND  CORRECTIONAL  ALTERNATIVE  PROGRAMS
SHALL  NOT ENGAGE IN SUPERVISION OF OR ADMINISTER COMMUNITY BASED ALTER-
NATIVE OR INTERIM PROGRAMS FOR OFFENDERS WHO HAVE PLEADED GUILTY  TO  OR
BEEN  FOUND  GUILTY  OF  A FELONY FOR WHICH AN INDETERMINATE SENTENCE OF
IMPRISONMENT IS REQUIRED UNDER THE PENAL LAW AND WHO ARE AWAITING  IMPO-
SITION OF SENTENCE.
  S 3. This act shall take effect on the one hundred twentieth day after
it  shall have become a law, provided however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of the foregoing sections of this act
on their effective date are authorized to be  made  on  or  before  such
effective date.